Legal Question in Workers Comp in California
My mother has repeatedly been written up for approved doctor's visits and sick leave taken at the advice of a doctor (with a note provided). She is now under FMLA leave for stress related inability to perform her job. She is told that she will likely be suspended for this leave. Is that legal? We live in California.
2 Answers from Attorneys
I assume you mean that she has received negative comments in her employment file for being off duty. If she is claiming the stress is at least partially from her job she would be protected under WC law and could not be punished for taking time off at a Dr.'s recommendation. But I am sure her employer will deny the stress claim, as almost always occurs, and until it is found by the WCAB as being an industrial injury or aggravation she is not protected. She needs to speak to some expert WC applicant's attorneys as how to proceed.
If her stress is work-related, she may have a claim under worker's compensation laws. Feel free to call us at 213.388.7070 for a free consultation.
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